Commonwealth v. DeOliveira

The Commonwealth appeals from that portion of a judge’s order entered in the Superior Court allowing the defendant’s motion to exclude from the evidence at trial statements made by the alleged victim in this case, a six year old girl (whom we shall call Patricia, a pseudonym), to an emergency room pediatrician disclosing (in a child’s terms) that she had been anally raped. The defendant, the live-in boyfriend *57of Patricia’s mother and the father of Patricia’s younger sister, has been indicted for the forcible rape of a child under sixteen years of age (G. L. c. 265, § 22A), based, in part, on…